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of Agriculture is authorized to employ such persons and means and make such expenditures for printing, telegrams, telephones, books of reference, periodicals, furniture, stationery, office equipment, travel and supplies, and all other expenses as shall be necessary in the District of Columbia and elsewhere. (Mar. 3. 1923, ch, 217, § 8, 42 Stat. 1436.)

$ 99. Effect of partial invalidity of chapter.-If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the chapter and of the application of such provision to other persons and circumstances shall not be affected thereby. (Mar 3, 1923, ch. 217, § 9, 42 Stat. 1437.)

Chapter 5.-IMPORTATION OF ADULTERATED SEEDS ACT 88 111-116. Repealed. August 9, 1939, ch. 615, $ 419, 53 Stat. 1290.

Sections, acts August 24, 1912, ch. 382, $$ 1-6, 44 Stat. 325; August 11, 1916, ch. 313, 39 Stat. 453; April 26, 1926, ch. 186, $$ 1, 2, 44 Stat. 325, were repealed by section 1609' of this title, effective on the one hundred and eightieth day after August 9, 1939; except that notices with respect to imported alfalfa and red clover seed promulgated by the Secretary of Agriculture under authority of these sections, which were in effect August 19, 1939, remained in full force and effect as if promulgated under sections 15511610 of this title.

Chapter 6.-INSECTICIDES ACT

INVESTIGATION Insecticide and fungicide investigation was transferred from Bureau of Chemistry and Soils to Bureau of Entomology and Plant Quarantine. See act May 17, 1935, ch. 131, 49 Stat. 268.

TRANSFER OF FUNCTIONS The Food and Drug Administration in the Department of Agriculture and its functions, except those functions relating to the administration of the Insecticide Act of 1910, sections 121-134 of this title, were transferred to the Federal Security Agency by Reorg. Plan No. IV, § 12, set out in notes to section 133t of Title 5, Executive Departments and Government Officers and Employees.

§ 121. Short title of chapter.—This chapter shall be known and referred to as “The Insecticide Act”. (Apr. 26, 1910, ch. 191, § 13, 36 Stat. 335.)

§ 122. Definitions generally; "insecticide”; “Paris green”; "lead arsenate"; "fungicide.”—The term "insecticide" as used in this chapter shall include any substance or mixture of substances intended to be used for preventing, destroying, repelling, or mitigating any insects which may infest vegetation, man or other animals, or households, or be present in any environment whatsoever. The term “Paris green” as used in this chapter shall include the product sold in commerce as Paris green and chemically known as the aceto-arsenite of copper. The term “lead arsenate" as used in this chapter shall include the product or products sold in commerce as lead arsenate and consisting chemically of products derived from arsenic acid (H2AsO,) by replacing one or more hydrogen atoms by lead. The term "fungicide” as used in this chapter shall include any substance or mixture of substances intended to be used for preventing, destroying, repelling, or mitigating any and all fungi that may infest vegetation or be present in any environment whatsoever. (Apr. 26, 1910, ch. 191, § 6, 36 Stat. 332.)

§ 123. “Territory”; “person”; defined.—The term “Territory”, as used in this chapter, shall include the Territory of Alaska and the insular possessions of the United States. The word "person", as used in this chapter, shall be construed to import both the plural and the singular, as the case demands, and shall include corporations, companies, societies, and associations. (Apr. 26, 1910, ch. 191, § 12, 36 Stat. 335; Aug. 24, 1912, ch. 387, § 1, 37 Stat. 512.)

§ 124. Liability of principal for act of agent.—When construing and enforcing the provisions of this chapter, the act, omission, or failure of any officer, agent, or other person acting for or employed by any corporation, company, society, or association, within the scope of his employment or office, shall in every case be also deemed to be the act, omission, or failure of such corporation, company, society, or association, as well as that of the other person. (Apr. 26, 1910, ch. 191, § 12, 36 Stat. 335.)

§ 125. Manufacture of adulterated or misbranded articles prohibited; punishment.-It shall be unlawful for any person to manufacture within any Territory or the District of Columbia any insecticide, Paris green, lead arsenate, or fungicide which is adulterated or misbranded within the meaning of this chapter; and any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, and shall, upon conviction thereof, be fined not to exceed $200 for the first offense, and upon conviction for each subsequent offense be fined not to exceed $300, or sentenced to imprisonment for not to exceed one year, or both such fine and imprisonment, in the discretion of the court. (Apr. 26, 1910, ch. 191, § 1, 36 Stat. 331.)

§ 126. Transportation or sale of adulterated or misbranded articles prohibited; punishment; exception; articles for export.The introduction into any State or Territory or the District of Columbia from any other State or Territory or the District of Columbia, or from any foreign country, or shipment to any foreign country, of any insecticide, or Paris green, or lead arsenate, or fungicide which is adulterated or misbranded within the meaning of this chapter is hereby prohibited; and any person who shall ship or deliver for shipment from any State or Territory or the District of Columbia to any other State or Territory or the District of Columbia, or to a foreign country, or who shall receive in any State or Territory or the District of Columbia from any other State or Territory or the District of Columbia, or foreign country, and having so received, shall deliver, in original unbroken packages, for pay or otherwise, or offer to deliver, to any other person, any such article so adulterated or misbranded within the meaning of this chapter, or any person who shall sell or offer for sale in the District of Columbia or any Territory of the United States any such adulterated or misbranded insecticide, or Paris green, or lead arsenate, or fungicide, or export or offer to export

the same to any foreign country, shall be guilty of a misdemeanor, and for such offense be fined not exceeding $200 for the first offense, and upon conviction for each subsequent offense not exceeding $300, or be imprisoned not exceeding one year, or both, in the discretion of the court: Provided, That no article shall be deemed misbranded or adulterated within the provisions of this chapter when intended for export to any foreign country and prepared or packed according to the specifications or directions of the foreign purchaser; but if said articles shall be in fact sold or offered for sale for domestic use or consumption, then this proviso shall not exempt said article from the operation of any of the other provisions of this chapter. (Apr. 26, 1910, ch. 191, $ 2, 36 Stat. 331.)

8 127. General rules and regulations; collection and examination of specimens.—The Secretary of the Treasury, the Secretary of Agriculture, and the Secretary of Commerce shall make uniform rules and regulations for carrying out the provisions of this chapter, including the collection and examination of specimens of insecticides, Paris greens, lead arsenates, and fungicides manufactured or offered for sale in the District of Columbia or in any Territory of the United States, or which shall be offered for sale in unbroken packages in any State other than that in which they shall have been respectively manufactured or produced, or which shall be received from any foreign country or intended for shipment to any foreign country, or which may be submitted for examination by the director of the experiment station of any State, Territory or the District of Columbia (acting under the direction of the Secretary of Agriculture), or at any domestic or foreign port through which such product is offered for interstate commerce, or for export or import between the United States and any foreign port or country. (Apr. 26, 1910, ch. 191, § 3, 36 Stat. 331; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736.)

§ 128. Examinations of specimens; notice to interested party and hearing; certification to district attorney; publication. The examination of specimens of insecticides, Paris greens, lead arsenates, and fungicides shall be made in the Food and Drug Administration or in such other branches of the Department of Agriculture as the Secretary of Agriculture may direct for the purpose of determining from such examination whether such articles are adulterated or misbranded within the meaning of this chapter; and if it shall appear from any such examination that any of such specimens are adulterated or misbranded within the meaning of this chapter, the Secretary of Agriculture shall cause notice thereof to be given to the party from whom such sample was obtained. Any party so notified shall be given an opportunity to be heard, under such rules and regulations as may be prescribed as aforesaid, and if it appears that any of the provisions of this chapter have been violated by such party, then the Secretary of Agriculture shall at once certify the facts to the proper United States district attorney, with a copy of the results of the analysis or the examination of such article duly authenticated by the analyst or officer making such examination, under the oath of such officer. After judgment of the court, notice shall be given by publication in such manner as may be prescribed by the rules and regulations aforesaid. (Apr. 26, 1910, ch. 191, 84, 36 Stat. 332; Jan. 18, 1927, ch. 39, 44 Stat. 1003.)

TRANSFER OF FUNCTIONS The Food and Drug Administration, successor to the Food, Drug, and Insecticide Administration, and its functions except those relating to the administration of this chapter and SS 91-99 of this title, were transferred from the Department of Agriculture_to the Federal Security Agency by Reorganization Plan No. IV, § 12, 5 Fed. Reg. 2422, 54 Stat. 1237.

8 128a. Examinations, by whom made.

Section, act January 18, 1927, ch. 39, 44 Stat. 1003, has been incorporated in & 128 of this title.

§ 129. District attorney to prosecute violations.—It shall be the duty of each district attorney to whom the Secretary of Agriculture shall report any violation of this chapter, or to whom any director of experiment station or agent of any State, Territory, or the District of Columbia, under authority of the Secretary of Agriculture, shall present satisfactory evidences of any such violation, to cause appropriate proceedings to be commenced and prosecuted in the proper courts of the United States, without delay, for the enforcement of the penalties as provided in this chapter. (Apr. 26, 1910, ch. 191, § 5, 36 Stat. 332.)

$ 130. When articles deemed adulterated.–For the purpose of this chapter an article shall be deemed to be adulterated.

Paris green.-In the case of Paris green: First, if it does not contain at least 50 per centum of arsenious oxide; second, if it contains arsenic in water-soluble forms equivalent to more than 31/2 per centum of arsenious oxide; third, if any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength.

Lead arsenate.-In the case of lead arsenate: First, if it contains more than 50 per centum of water; second, if it contains total arsenic equivalent to less than 1212 per centum of arsenic oxid (As,0z); third, if it contains arsence in water-soluble forms equivalent to more than 0.75 per centum of arsenic oxid (As,03); fourth, if any substances have been mixed and packed with it so as to reduce, lower, or injuriously affect its quality or strength: Provided, however, That extra water may be added to lead arsenate (as described in this paragraph) if the resulting mixture is labeled lead arsenate and water, the percentage of extra water being plainly and correctly stated on the label.

Other insecticides or fungicides.-In the case of insecticides or fungicides, other than Paris green and lead arsenate: First, if its strength or purity fall below the professed standard or quality under which it is sold; second, if any substance has been substituted wholly or in part for the article; third, if any valuable constituent of the article has been wholly or in part abstracted; fourth, if it is intended for use on vegetation and shall contain any substance or substances which, although preventing, destroying, repelling, or mitigating insects, shall be injurious to such vegetation when used. (Apr. 26, 1910, ch. 191, § 7, 36 Stat. 332.)

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§ 131. When articles deemed "misbranded"; labels. The term “misbranded” as used in this chapter shall apply to all insecticides, Paris greens, lead arsenates, or fungicides, or articles which enter into the composition of insecticides or fungicides, the package or label of which shall bear any statement, design, or device regarding such article or the ingredients or substances contained therein which shall be false or misleading in any particular, and to all insecticides, Paris greens, lead arsenates, or fungicides which are falsely branded as to the State, Territory, or country in which they are manufactured or produced.

For the purpose of this chapter an article shall be deemed to be misbranded

Insecticides, Paris greens, lead arsenates, and fungicides; imitation of other article, or misleading label or brand.--In the case of insecticides, Paris greens, lead arsenates, and fungicides : First, if it be an imitation or offered for sale under the name of another article; second, if it be labeled or branded so as to deceive or mislead the purchaser, or if the contents of the package as originally put up shall have been removed in whole or in part and other contents shall have been placed in such package; third, if in package form, and the contents are stated in terms of weight or measure, they are not plainly and correctly stated on the outside of the package.

Insecticides (other than Paris greens and lead arsenates) and fungicides; statements on labels.- In the case of insecticides (other than Paris greens and lead arsenate) and fungicides: First, if it contains arsenic in any of its combinations or in the elemental form and the total amount of arsenic present (expressed as per centum of metallic arsenic) is not stated on the label; second, if it contains arsenic in any of its combinations or in the elemental form and the amount of arsenic in water-soluble forms (expressed as per centum of metallic arsenic) is not stated on the label; third, if it consists partially or completely of an inert substance or substances which do not prevent, destroy, repel, or mitigate insects or fungi and does not have the names and percentage amounts of each and every one of such inert ingredients plainly and correctly stated on the label: Provided, however, that in lieu of naming and stating the percentage amount of each and every inert ingredient the producer may at his discretion state plainly upon the label the correct names and percentage amounts of each and every ingredient of the insecticide or fungicide having insecticidal or fungicidal properties, and make no mention of the inert ingredients, except insofar as to state the total percentage of inert ingredients present. (Apr. 26, 1910, ch. 191, § 8, 36 Stat. 333.)

§ 132. Guaranty of wholesaler, etc., as protection to retailer; liability of guarantor.—No dealer shall be prosecuted under the provisions of this chapter when he can establish a guaranty signed by the wholesaler, jobber, manufacturer, or other party residing in the United States, from whom he purchased such articles, to the effect that the same is not adulterated or misbranded within the meaning of this chapter, designating it. Said guaranty, to afford protection, shall contain the name and address

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